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Law Approving The Additional Protocol To The Criminal Law Convention On Corruption, Done At Strasbourg On 15 May 2003 (1)

Original Language Title: Loi portant assentiment au Protocole additionnel à la Convention pénale sur la corruption, fait à Strasbourg le 15 mai 2003 (1)

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belgiquelex.be - Carrefour Bank of Legislation

16 FEBRUARY 2009. - Act enacting the Additional Protocol to the Criminal Convention on Corruption, done in Strasbourg on 15 May 2003 (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Additional Protocol to the Criminal Convention on Corruption, done in Strasbourg on 15 May 2003, will be fully effective.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 16 February 2009.
ALBERT
By the King:
Minister of Foreign Affairs,
K. DE GUCHT
Minister of Justice,
S. DE CLERCK
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
Note
(1) Session 2007-2008.
Senate.
Documents. - Bill tabled on 23 June 2008, No. 4-819/1.
Session 2008-2009
Senate.
Documents. - Report, number 4-819/2.
Annales parliamentarians. - Discussion and voting: meeting of 6 November 2008.
House of Representatives.
Documents. - Project transmitted by the Senate, No. 52-1560/1. - Text adopted in plenary and subject to Royal Assent, No. 52-1560/2.
Annales parliamentarians. - Discussion and vote: 27 November 2008.

Additional Protocol to the Criminal Convention on Corruption
States members of the Council of Europe and other States signatories to this Protocol,
Considering that it is appropriate to supplement the Criminal Convention on Corruption (STE No. 173, referred to as "the Convention") in order to prevent and combat corruption;
Considering also that this Protocol will allow for a broader implementation of the 1996 Anti-Corruption Programme of Action,
The following agreed:
CHAPTER Ier. - Terminology
Article 1er
Terminology
For the purposes of this Protocol:
1. The term "arbitrariness" must be considered by reference to the national law of the State party to this Protocol, but, in any event, must include a person who, because of an arbitration agreement, is required to make a legally binding decision on a dispute that is submitted to it by the parties to that same agreement.
2. The term "Arbitration Agreement" means an agreement recognized by national law and by which the parties agree to submit a dispute to an arbitrator for decision.
3. The term "sworn" must be considered by reference to the national law of the State party to this Protocol, but in any case, must include a person acting as a non-professional member of a collegial body responsible for deciding in a criminal trial on the guilt of an accused.
4. In the case of proceedings involving an arbitrator or a foreign juror, the State that continues may apply the definition of arbitrator or juror only to the extent that this definition is consistent with its national law.
CHAPTER II. - Action at the national level
Article 2
Active corruption of national arbitrators
Each Party shall adopt such legislative and other measures as may be necessary to criminalize, in accordance with its domestic law, where the act has been committed intentionally, by proposing, offering or giving, directly or indirectly, any undue benefit to an arbitrator exercising his or her functions under the national law on the arbitration of that Party, for himself or for any other person, in order to refrain from performing his or her duties or
Article 3
Passive corruption of national arbitrators
Each Party shall adopt such legislative and other measures as may be necessary to criminalize, in accordance with its domestic law, where the act has been committed intentionally, the act for an arbitrator exercising his or her functions under the national law on the arbitration of that Party, to solicit or receive, directly or indirectly, any undue benefit for himself or any other person or to accept the offer or promise of it so that
Article 4
Corruption of foreign arbitrators
Each Party shall adopt such legislative and other measures as may be necessary to criminalize, in accordance with its domestic law, the acts referred to in Articles 2 and 3 of this Protocol, when they involve an arbitrator exercising his or her functions under the national law on the arbitration of any other State.
Article 5
Corruption of national jurors
Each Party shall adopt such legislative and other measures as may be necessary to criminalize, in accordance with its domestic law, the acts referred to in Articles 2 and 3 of this Protocol, where they involve any person performing the duties of juror within its judicial system.
Article 6
Corruption of foreign jurors
Each Party shall adopt such legislative and other measures as may be necessary to criminalize, in accordance with its domestic law, the acts referred to in Articles 2 and 3 of this Protocol, where they involve any person performing the duties of juror in the judicial system of any other State.
CHAPTER III. - Follow-up to implementation and final provisions
Article 7
Follow-up to implementation
The State Group against Corruption (GRECO) shall monitor the implementation of this Protocol by the Parties.
Article 8
Relations with the Convention
1. States parties consider the provisions of articles 2 to 6 of this Protocol as additional articles to the Convention.
2. The provisions of the Convention shall apply to the extent that they are compatible with the provisions of this Protocol.
Article 9
Statements and reservations
1. If a Party has made a declaration on the basis of Article 36 of the Convention, it may make a similar declaration concerning Articles 4 and 6 of this Protocol at the time of signature or at the time of deposit of its instrument of ratification, acceptance, approval or accession.
2. If a Party has made a reservation on the basis of Article 37, paragraph 1erof the Convention limiting the application of passive corruption offences referred to in Article 5 of the Convention, it may make a similar reservation with respect to Articles 4 and 6 of this Protocol, at the time of signature or at the time of deposit of its instrument of ratification, acceptance, approval or accession. Any other reservation made by a Party on the basis of Article 37 of the Convention shall also apply to this Protocol, unless that Party expresses its intention to the contrary at the time of signature or at the time of deposit of its instrument of ratification, acceptance, approval or accession.
3. No other reservation is allowed.
Article 10
Signature and entry into force
1. This Protocol is open for signature by States that have signed the Convention. These States may express their consent to be bound by:
(a) signature without reservation of ratification, acceptance or approval; or
(b) signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval.
2. Instruments of ratification, acceptance or approval will be deposited with the Secretary General of the Council of Europe.
3. This Protocol shall enter into force on the first day of the month following the expiration of a period of three months after the date on which five States have expressed their consent to be bound by the Protocol, in accordance with the provisions of paragraphs 1er and 2 above, and only after the Convention itself has entered into force.
4. For any signatory State that subsequently expresses its consent to be bound by the Protocol, the Protocol shall enter into force on the first day of the month following the expiration of a period of three months after the date of expression of its consent to be bound by the Protocol, in accordance with the provisions of paragraphs 1er and 2 above.
5. A signatory State may not ratify, accept or approve this Protocol without having simultaneously or previously expressed its consent to be bound by the Convention.
Article 11
Accession to the Protocol
1. Any State or European Community that has acceded to the Convention may accede to this Protocol after it has entered into force.
2. For any State or the European Community adhere to this Protocol, the Protocol shall enter into force on the first day of the month following the expiration of a period of three months after the date of deposit of an instrument of accession to the Secretary General of the Council of Europe.
Article 12
Territorial application
1. Any State or the European Community may, at the time of signature or at the time of deposit of its instrument of ratification, acceptance, approval or accession, designate the territory or territories to which this Protocol shall apply.
2. Any Party may, at any other time thereafter, extend the application of this Protocol, by declaration addressed to the Secretary-General of the Council of Europe, to any other territory designated in the declaration and to which it provides international relations or for which it is authorized to provide. The Protocol shall enter into force for that territory on the first day of the month following the expiration of a period of three months after the date of receipt of the said declaration by the Secretary-General.
3. Any declaration made under the preceding two paragraphs may be withdrawn, with respect to any territory designated in that declaration, by notification addressed to the Secretary-General of the Council of Europe. The withdrawal shall take effect on the first day of the month following the expiration of a period of three months after the date of receipt of the notification by the Secretary-General.
Article 13
Denunciation
1. Any Party may, at any time, denounce this Protocol by sending a notification to the Secretary-General of the Council of Europe.
2. The denunciation shall take effect on the first day of the month following the expiration of a period of three months after the date of receipt of such notification by the Secretary-General.
3. The denunciation of the Convention will automatically result in the denunciation of this Protocol.
Article 14
Notification
The Secretary General of the Council of Europe shall notify the Member States of the Council of Europe and any State, or the European Community, which have acceded to this Protocol:
(a) any signature of the Protocol;
(b) the deposit of any instrument of ratification, acceptance, approval or accession;
(c) any effective date of this Protocol in accordance with Articles 10, 11 and 12;
(d) any declaration or reservation made under articles 9 and 12;
(e) any other act, notification or communication relating to this Protocol.
In faith, the undersigned, duly authorized to do so, have signed this Protocol.
Done in Strasbourg on 15 May 2003, in French and English, both texts being equally authentic, in a single copy which will be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe will provide certified copies to each signatory and adherent Party.

Additional Protocol to the Criminal Convention on Corruption, done at Strasbourg on 15 May 2003

Entry into force for Belgium: 1er June 2009.